HomeMy WebLinkAbout2002-03-25 02-146 ORDERDate: 3-2502
[tem/Subject: Order, Authorizing the Execution of a Lease With A. N. Deringer, Inc.
Responsible Department
A.N. Deringer, Inc. is a customs broker at the Airport that provides a valuable service to inbound
aircraft with goods entering the United States. They have been an excellent tenant at the Airport
since 1987 and wish to continue to lease the space in the General Aviation Terminal. A review of
current lease terms and conditions indicates that this tenant is paying for this space in accordance
with current market conditions. As a result, the lease will continue the general terms and conditions
now in effect.
Y "
Depamnent Nand
Manager's Comments:
BUD recommends approval.
uw n en�e,
Associated! Information: Order
,ZA&L-� -
Finance Is
Legal Approval:
r
Introduced for
X Passage
_ FirstReading page_ of
Referral
AAipW to Councilor Beall" March 25, 2002
CITY OF BANGOR
(TIRE.) Order, Authorizing the Execution of a Lease With A. N. Deringer, Inc.
WHEREAS, A. N. Deringer, Inc has been a tenant at Bangor International Airport since 1979; and
WHEREAS, A. N. Deringer provides a needed service as a cosi broker at the Airport; and
WHEREAS, A. N. Deringer wishes to continue leasing the same space at the Airport.
NOW, THEREFORE, BE II ORDERED BY THE CITU COUNCIL OF THE CITY OF BANGOR, THAT:
The Ory Manager Is hereby authorized to execute a lease, a copy of which is attached, with A. N.
Deringer, Inc, for space in the General Aviation Terminal.
IL CIW CAOPCIL
March 25, 2002
Passed
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02-166
ORDER
Title, Authorizing the Ocecurion of A
Lease with A. F. rh,,Ln r. Its.
Assigned to
Councilor
Q, 02-166
APR 1010p1
INDENIVRE OF LEASE
THLS INDENTURE OF LEASE, executed Mrs cl day of
%Ae:...1., zccl_ by and between:
CITY OF BANGOR, a municipal corporation, organized and existing under the laws of
the State of Maine, and having Rs principal offices at 73 Harlow Street, Bangor, Maine,
(hereinafter sometimes referred to as "Lessor")
AND
A.N. DERINGER, INC. a corporation duly organized and existing under the laws of
the State of Vermont, and having a regular place of business at 188 Maine Avenue,
Bangor, Maine (hereinafter sometimes referred W as "lessee')
WITNESSETH:
WHEREAS, The City of Bangor is the owner of an airport commonly known as "Bangor
International AlmorC, formerly known as Dow Air Force Base, located in the city of Bangor,
County of Penobscot, State of Maine (hereinafter sometimes referred to as the "Airport"); and
WHEREAS, I-essee wishes W lease a portion of the C eral Aviation Building as depicted
in Ek -bit A in Me Bangor International Airport complex to operate and maintain storage space.
NOW, THERFORE, the parties do mutually agree as follows:
ARTICLE I - PREMISES \r
The lessor, for an in consideration of the rents to be paid and the obligations to be
performed by Lessee as hereinafter prodded, does hereby demise and lease unto Lessee, and
the Lessee does hereby take and hire, upon and subject W the terms and conditions hereinafter
expressed the following described premises In Ilspresent physical condition:
a. 8T25 sq. R of office space, specifically rooms: 109, 202 and 203
b. Parking in the building's designated parking area s assigned by the
Lessor.
All as shown on a plan attached hereto as Exhibit W.
TDgedler with the right W use, in conjunction with the Owner and other Tenants, any
areas and facilities intended for common use, including but not limited to halls, passageways,
stairways, enhances, exits, driveways, restrooms, handicap sbirlitt and yards.
ARTICLE II - TERM
TO HAVE AND TO ItOID the demised premises unto the Lessee for a tem of three (3)
Years commencing April 1, 2002 and terminating on March 31, 2005. At the lessee's option,
subject to the provision of this lease, the lease may be renewed for an additional term of three
(3) years effected April 1, 2005 and terminatng on March 31,20M. Lessee must notify, in
writing, Lessor of its intent ta renew this Lease ninety (90) days prior to the expiration of the
Lease. If at the time of said notice of intent to renew Lessee is in violation of any provision of
the tease, Lessor may refuse to permit Lessee to renew the Lease.
The rent to be paid by Lessee to Lessor during the term of this lease shall be as follows:
for the original three (3) year term of the lease from April 1, 2002 through March 31,
2005 rent shall be paid at the rate of $831.90 per month.
During the period of renewal, from April 1, 2005 through March 31, 2008, the monthly
rental rate will be determined as follows:
The monthly lease payment of the previous period plus,
The product of monthly lease payment of the previous period multiplied by the annual
percentage change in the Consumer Price Index, the All Items expendiWre category, for
the period January 2002 m January 2005.
The annual percentage change is caloilated by subtracting the value of the index on
January 2002, from the value of the index on January 2005 and dividing the remainder
by the value of the index on January 2002. The annual percentage change will be the
percent resulting from the above calculation but in no case greater than seven (]%)
percent.
The term "Consumer Price Index is the "monthly unadjusted Consumer Price Index for
All Uman Consumers (CPI -U)' published by the United State Department of labor,
Bureau of Labor Statistics.
In the event that the CPI -U index should cease to be published during the term of this
lease, the rental adjustment for the period shall be celculated as statetl above by
reference to the annual percentage change in any substitute index published by the U.S.
Dept of Labor or other reliable source which authoritatively represents the annual
change In urban consumer prices in the United States.
Lessee shall pay all rentals herein required in advance on the first day of each and every
month without prior demand therefor, in lawful money of the United States, at the address of
the Lessor as set forth herein or at such other reasonable places as the Lessor may designate.
Late payments shall be subject to an additional interest charge of one and one-half per cent
(1.5%) per month to the date of payment.
A. Lessee shall have the right to use, ocapy and maintain the premises herein
described in a reasonably businesslike, careful, dean, and reasonably safe manner for the
purposes of having an office and storage space, and for no other purposes whatsoever without
the prior written consent of the Lessor whose consent shall not be unreasonably withheld.
a. Lessee shall not use, occupy or maintain said premises In any manner as to
violate any municipal, state, or federal law or regulation, ant, in particular, regulators of the
Federal Aviation Administration relating to the operation of Bangor International Airport as a
public airport.
C. Lessee shall make a good faith effort to inform its employees and visitors of the
rules and regulations of the Bangor international Airport and shall cooperate in every way with
the Airport Director to ensure that such rules and regulations are obeyed.
D. Lessee shall have the right to make alterations ant improvements to the
premises as it may choose, subject ro the prior written approval of the Airport Director which
shall not be unreasonably withheld, and provided that such attentions, additions and
Improvements do not weaken the sbvcwnl Integrity of the buildings, nor decrease its
functional quality or value, and further provided that nay such work shall be done entirely at the
Lessee's own expense and will include returning disrupted surfaces to a serAceable and
attractive condition.
E. Lessee shall have the right to erect signs on the leased premises subject to the
prior written approval of the Airport Director provided that such signs comply with the City's
sign Ordinance and applicable FAA. Regulations.
F. Lessor, through its agents, shall have at all reasonable times the right, upon
reasonable notification to the Lessee, to go on and inspect the premises with an authorized
representative of the Lessee, and the right of access to utility systems located on the demised
premises for the purposes of maintenance, repair, correction or inspection. For purposes of this
paragraph, "reasonable n urficetlon" shall include any actual notification to the Lessee or its
agent not less than one business day prior to the date of inspection. "Reasonable times" shall
mean any time during Lessee's regular business hours, or during normal weekday business
hours if Lessee shall cease operations.
Lessee hereby covenants and agrees that It shall not, during the term of this lease,
Including any extension of renewal hereof, permanently place, cause to be placed, deposit or
discharge any hazardous waste upon the demised premises, or upon any other portion of
Lesso/s Bangor international Airport, and further exbressly, agrees that it shall indemnify Lessor
from any and all costs, expense or liability, of whatever kind or nature, incurred by the Lessor in
detecting, evaluating, removing, treating, disposing of or otherwise responding to any
hazardous waste place d or deposited In violation of this paragraph.
Lessee hereby covenants and agrees that it shall not, during the tens of this lease,
including any extension or renewal hereof, violate any local, state or Federal regulation,
ordinance or statue pertaining to hazardous waste or hazardous material and further expressly
agrees that It shall indemnify Lessor from any and all costs, expense or liability, or whatever
kind or nature, incurred by the Lessor for any such violation.
02-166
Such costs shall be deemed to include, without limitation, Lessors casts of defending
any suit filed by any person, entity, agency, or governmental authority; paying any fines
imposed in connection with such suiry paying any judgements or otherwise settling any damage
claims; complying with any order by a court of competent jurisdiction directing the Lessor to
take remedial action with respect to such waste; and of all assodated attorney's fees and wets.
For the purposes of this paragraph, the term "hazardous waste" shall be deemed to
include every substance now or hereafter designatetl as a hazardous waste under any
provision of State of Feceral law. Lessee's obligations under this paragraph shall be deemed
to survive the expiration or termination of this Lease.
UAP 14107e=6f1J1fi�i 1T.a3
The Lessee during the entire term of this Agreement, or any extension thereof, shall
maintain, at its sole expense, insurance of the following types with companies authorized to do
business in the State of Maine, and for the protection of the City of Bangor, who shall be named
as an additional insured against all claims, losses, costs or expenses arising out of injuries to
persons whether or not employed by Lessee or damage to property whether resulting form
acts, omissions, negligence or otherwise of the Lessee, its directors, officers, employees and
agents and arising from Lessee's use of the premises or any part or portion thereof.
Comprehensive Public Liabil
Bodilylnjury
$90,000 each occurrence
Property Damage
$900,000 each occurrence
Wor a Commansamm Insuran
Lessor shall not be required to provide Insurance coverage and shall have no
responsibility for any property owned by the Lessee or third partes which may be located on
the demised premises. Lessee shall cause to be fumished to the Lessor evidence in the form of
certificates of insurance of the existence and continuance in force of the Insurance required
hereunder. Lessor shall be notified of any changes or discontlnuances of coverage.
The minimum insurance coverage required under this Article shall be deemed to be
automatically adjusted whenew;r the Maine State Legislature shall increase the Lessor's
maximum liability for personal injury or property damage claims brought under the Maine Tort
Claims AR. In the event of such an inch ase, the minimum insurance coverage required shall
be no less than the LessoYs maximum liability for such claims under the Maine Tort Claims Act
r-UiTT4V4rt-lAIF7M7,M
A. General Indemnification - Lessee shall defend, indemnify, and hold Lessor, and
its inhabitants, officers, employees and agents completely harmless from and against any and
02-166
all liabilities, losses, suits, claims, Judgments, fines or demands arising by reason of injury or
death of any person or damage to any property, Including all reasonable costs for investigation
and defense thereof (including but not limited to attorneys' fees, court costs, and expert
Morass fees), of any nature whatsoever arising out of or incident to this agreement and/or the
use, occupmy, conduct or management of the leased premises or the ads or omissions of
Lessee's officers, agents, employees, contractors, subcontractors, licensees, or Invitees, unless
such injury, death, or tlamage is caused by the negligence of the Lessor. The Lessee shall give
to Lessor reasonable notice of any such claims or actions. The Lases shall also use counsel
reasonably acceptable to Lessor in carrying out Its obligations under this Article.
B. Lessee's Waiver of Workers' Compensation Immunity — The Lessee hereby
expressly agrees that it will defend, indemnify and hold the sty of Bangor, is inhabitants,
officers, employees and agenic completely handless from any and all claims made or asserted
by the Lessee's agents, servants or employees arising out of the Lessee's activities under this
Lease. �' the Les h by b walvas any aid aliimmunity it may h
untler the Maine Workers QMpensmon Act' N to sucliclaimsasserted by th
Lessees aments.servants or emmummas The intlennification provided under this paragraph
shall extend to and include any and all costs incurred by the Dry of Bangor to answer,
Investigate, defend and settle all such claims, including but not limited W the City of Bangors
M= for attorneys fees, expert and other witness fees, the cost of investigators, and payment
in full of any and all judgments rederetl in favor of the Lessee's agents, servants or employees
against the City of Bangor in regard to claims made or asserted by such agents, servants, or
employees.
Lessor is not required W insure the demised premises against lass by fire and the
extended coverage usual in such Insurance. In the event of destruction or damage of buildings
owned by Lessor on the demised premises, or to any part thereof, and as often as the
improvements shall be damaged by fire or other casualty, Lessor shall have the right, but not
the obligation to rebuild and repair the building for occupancy. If Lessor elects not W rebuild
and repair, It shall so notify Lessee With thirty (30) clays or more expeditiously if possible of its
decision. In the event the damages are of such extent as to reasonably prevent Lessee from
Operating within the demised premises, than Lessee shall have the right to candidate this Lease
and shall notify Lessor within the aforementioned time peiod, and Lessee's obligation to pay
rent as herein above providetl shall terminate upon receipt of such rocks by the Lessor and
surrender of the premises by the Lessee.
A. The premises herein leased are Indeed upon the property of the Lessor and
commonly brown as Bangor International Airport Therefore, the Lessee hereby agrees to obey
and W cause all personnel employed by the Lessee W obey all municipal ordinances, and all
State and Federal rules, regulations, or laws pertaining to the operation of said Airport and
Lessee's use and occupancy of the demised premises. In addition, Lessee shall obey and
observe all reasonable orders, rules and regulations of the Airport Director not inconsistent with
this Lease or with the aforesaid rules add regulations which are uniform, and which apply
equally to all tenants, invitees and users of the Mrport and their employees.
B. Further, it is understood and agreed that Lessor retains a right for the passage of
aircraft ("aircraft -being defined as any contrivance now known or hereafter invented, used or
designed for navigation of or flight in the air) by whomsoever owned and operated, in the
airspace above the property above 342.4' MSL to an infinite height together with the right to
cause in all airspace above the property such noise, vibrations, fumes, dust, fuel paddies and
all other effects that may be mused by the operation of aircraft landing at, or takirgaff from,
or operating at or on the Airport and Lessee does hereby fully waive, remise and release any
right or muse of action which k may now have or which it may have in the fiM1ure against
Lessor due to such nolse, vibrations, fumes, dust, fuel particles, and all other effects that may
be mused by the operation of aircraft landing at or taking -off from or operating at or on the
Airport The Lessee specifically agrees to make no claims in any form for damages or
reimbursements against the Lessor or against the United States Government for any reason or
cause resulting from noise generated from Airport uses.
C. Lessee will not use or permit of suffer the use of the leased property in such a
manner as ta create electrical interference with radio communication between any Installation
upon the Airport and aircraft, or as to make if difficult for flyers to distinguish between Airport
lights and others, or as to impair visibility In the vicinity of the Airport, or as otherwise to
odherwise endanger the landing, taking off or maneuvering of aircraft.
ARTICIE X—TAXES
It Is covenanted and agreed that all taxes anlor assessments, fees or charges of any
kind whatsoever, as may be imposed during the tome hereof, or any extension of the term of
this lease, by any governmental authority upon the demised premises are the respons@llky of
the lessor. It is expressly agrees that such taxes and assessments shall include all amounts
levied as real estate or other property taxes upon the demised premises by the Lessor acting in
its governmental capacity.
Lessee further covenants and agrees to pay when due any and all taxes an/or
assessments, fees, or charges of any kind whatsoever, as may be imposed during the term
hereof, or any extension of the tens &this Lease, by any governmental authority on Iassse's
personal property located on the demised premises.
Lessee further hereby waives any and all right; or privileges of exemption from taxation
on the demised premises and on any personal property locatetl thereat arising due to public
ownership of the demised premises by the Oty of Bangor. Provided, however, nothing herein
shall be deemed to prohibit the Lessee from contesting the assessed valuation of such property
in the same manner as provided by law under Title 36, Maine Revised Stables, for other non-
exempt properties and taxpayers.
ARTICLE XI— NONDISCRIMINATION
Lessee for itself, its personal representatives, successor in interest and assigns, and as
part of the consideration hereof, does hereby covenant and agree that: (1) no person or group
Of persons on the groups of ram, color, age, sex, handicap, or national origin, or in any other
02-166
manner prohibitetl by law, shall be excluded from participation in, denied the benefits a,, or be
othervise subject to discrimination in the Lessee's use or occupancy, of said demised premises;
(2) in the construction of all Improvements, building; structures, on. Wer or under such land
and the famishing of services thereon, no person or group of persons on the grounds of ace,
color, age, sex, handicap, or national origin or in any other manner prohibited by law, shall be
excluded from participation in, denied the benefits of, or be otherwise subject to unlawful
discrimination in the Lessee's use or occupancy of the demised premises; and (3) Lessee shall
sue the premises in compliance with all other requirements Imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of transportation, Sublide A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation
- Effectuation of Title VI of the Civil tights Act of 1969, and as said regulations may be
amended. In the event of breach of any of the above nondiscrimination covenants, the Lessor
shall have the right, after failure of Lessee th rectify such breach villin thirty (30) days after
receipt of notice from Lessor, to terminate this Lease. Provided, however, that lessor shall not
have the right to terminate the Lease under this Article with respect to any complaint of
discrimination which is pending final resolution or adjudication before any agency or court of
the State of Maine or the Untied States.
The Lessee, subject to the terms and provisions of this lease on payment of the rent,
and observing, keeping and performing all ther terms and provisions of the lease on fts part to
be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, ocapy and
enjoy the damised premiss during the term hereof without hindrance or rejection by the
Lessor or any other persons.
kl:b(0 iia I CSUAI
The Lessor and the Lessee agree that each will promptly discharge either by payment or
by filing of the necessary bond or otherwise, any mechanks', materialmen's or other liens
against the demised premises, or against any buildings, structures or improvemerrts located
thereon, which liens may arae out of any payment due far labor, services, materials, supplies or
equipment which may have been furnishetl to or for the Lessor or the Lessee, respectively.
A. Lessee shall, at its sole expense and cost, throughout the term hereof or any
extension, keep and maintain the following in the demised premises: all fixtures, including
electrical, doors, windows, floor and floor coverings, ceilings, walls, and interior paint surfaces
in good order and repair, and in tenantable condition, damage by accidental fire and casualty
and reasonable wear and tear, as defined in this Artois excepted. Lessee will also be
responsible for cleaning of the demised premises and rubbish removal.
S. Lessor shall, at its sole expense and cosy throughout the term hereof or any
extension, keep and maintain the following in the demised premises: The building's major
structrrai components: roof, structural walls, foundation, operating systems, including hearing,
plumbing, and electrical systems except fixtures, exterior paint surfaces In good order and
repair, and in tenantable condition, damage by accidental fire and casualty and reasonable wear
and tear, as defined in this Article excepted. Lessor will also be responsibie for maintenance a
parking areas, grounds landscaping, and snowplowing.
C. "fine phrase "reasonable wear and teat as used in Paragraphs A and B of this
Article as an exception to the obligations of the parties shall not be construed to relieve the
parties of their responsibility, for providing repairs of a routine and regular nature which may
firm time to time be necessary within their respective areas of responsibility, nor of the
obligation to provide maintenance to Ne demised premises of a nature and degree ordinarily
sufficient to prevent damage, bre laJown, failures, malfunctions or dismimirs.
Lessor shall pay the cost of the following utilities furnished and consumed on the
demised premises: electricity, fuel oil, and water and sere user fees. Lessee accepts all utility
f1dums as Eley now exist.
A. Ownership of permanent Improvements to the demised premises, which may
from time to time be made by Lessee that are affixed to the property and are an integral not of
the operating systems of the structure as opposed to movable personal property, shall
automatically vest in Ne Lessor as a consideration of the lease and rental schedule.
B. Any movable personal property that may be located, erected or installed on the
demised premises by Lessee from time th time during the term of this Lease shall remain the
property of she Lessee, and, upon termination or expiration of this Lease, Lessee shall have the
right to remove the same from the demised premises within thirty (30) days of mid termination.
Any such property not so removed within Nirty (30) days from the data of termination, shall
became the property of the Lessor be disposed of in such way as the Lessor may deem fit. In
the event Lessee elects to remove old non -permanent improvements and other personal
property, the demised premises shall be returned as near as possible th their original condition
existing a the commencement of this Lease, damage by accidental fire and casualty and
reasonable wear and tear excepted.
C. In the event Lessee shall fail to remove any nonpermanent improvements or
other personal property within thirty (30) days from the data of termination or final expiration
of this Lease, Lessor shall be entitled to recover from the Lessee, Lessors reasonable costs
Incurred in removing or disposing of such non -permanent improvements or personal property.
In sarin evert, there shall be deducted from Lessor's costs the fair value to the Lessor actually
realized from sale, use or other disposition of the particular improvements or personal property
concerned.
Subject to the provisions contained in Article XVI, the Lessee shall, upon the termination
of this Lease, surrender the quiet and peaceable possession of the demised promises.
02-166
It is understood and agreed that title to the leased premises is in the City of Bangor,
provided, however, tint the leased premises are a part of Bangor Intemational Airport and that
this lease is specifically made subject to any rights the United States of America or any agency
thereof may have under any regulation, law, deed or other existing Agreement In or to the
leased premises. Should the United States of America or any agency thereof exercise any such
rights In or to said premises, the exercise of such right or rights shall not be considered m be a
breach by the Qty of any covenant or obligation hereunder. Y the wancise of such right or
rights by the United States of American or any agency thereof makes impractical In l.essee's
sole opinion Lessee's intended use of said premises, then Lessee shall have the right, a<its sole
option, to terminate this Agreement without fuller obligation to the Lessor except for such
obligations as shall have been incurred and accrued prior M the exercise of said option.
It Is covenanted and agreed that
(I) If the Lessee shall neglect w fall to pay the rent or other charges payable
hereunder and such default shall continue for a period of tan (10) days after written notice
thereof by Lessor, or
(2) Y Lessee shall neglect or fail to pertorm or observe any of the other covenants,
terms, provisions, or conditioned on its part to be performed, or observed, and such neglect or
failure shall continue for a period of thirty (30) days after written notice thereof by Lessor, or if
such covenants, terms, provisions or conditions cannot be performed of observed within said
thirty (30) day period, if Lessee fails th diligently prosecute Me curing the such neglect or
failure; or
(3) If the estate hereby created shall be taken on execution or by other process of
law; or
(4) If any assignment shall be made of the property of the Lessee for the benefit of
crediWrs; or
(5) If a receiver, guardian, conservator, or trustee in bankruptcy or other similar
officer shall be appointed to take charge of all or any substantial part of the Lessee's property
by a Court of competent jurisdiction; or
(6) If a petition shall be filed for a reorganization of the Lessee or If the lessee shall
Me a petition for reorganization or for arrangements under any provision of the Baniouptcy Act
now or hereafter enacted.
-THEN, IN ANN OF SAID CASES OUTLINED ABOVE (notwithstanding any license of any
former breach of covenant or waiver of the benefit hereof or consent in a former instance), the
Lessee may be considered in default hereunder, and the Lessor lawfully may, immediately or M
any time thereafter, and without demand or notice, enter into and upon the said premises or
any part thereof in the name of the whole, and repossess the same as of the Lem/s former
ozaas
estate, and expel the lessee and those claiming through or under It and remove its or their
effect (forcibly'd necessary) without being deemed guilty of any manner of trespass, antl
without prejudice to any remedles which might otherwise be used for arrears of rent or
preceding breach of covenant Upon such entry, this Lease shall terminate, and the Lessee
shall be liable to pay as rent, amounts equal to the several Installments of rents and other
charges reserved as would have become due under this Lease if this Lease had hot been
terminated or if the Lessor had not entered or mentered as aforesaid. Notwithstanding the
foregoing, Lessee's liability shall not exceed the difference, if any, between the rental which
would have been due had there been no such termination, and the amount being received! by
Lessor as rent from any new tenant or occupant of said premises. In order to mitigate Lessee's
damage hereunder, Lessor agrees to make every reasonable effort to secure subsequent
tenants, at a rental equal to the then prevailing local rate for the demised prem"aes.
The Lessee shall pay to the Lessor a reasonable aromeys fee in the event the Lessor
employs an attorney to wiled any rent due hereunder and secures a judgment in connection
with cdledion of said rent, or legal process is levied upon the interest of the Lessee in the
Lease or in said premises, or in the event Lessee violates any of the terms, conditions or
covenants on the part of the Lessee herein contained, provided also that Lessee shall have
failed to promptly correct the violation of any term, condition or covenant after receipt of notice
that it Is in violation thereof.
In the event lessor employs its City Solicitor or an assistant solicitor to collect rents or
otherwise protect Lessors interests uncia this Lease, "reasonable attorneys fees" under this
Artide shall mean the reasonable cost of services provided by Lesso/s Solidtor or assistant
solicitor, at the rate changed for similar services by private attorneys In the Bangor area.
The Lessee shall not at any time assign, sell, convey or transfer this Lease or any
interest therein, or sublease or sublet or rent the premises, or any pad thereof, without the
prior written consent of the Lessor. In the event of an approvetl sublease, all provisions of this
Lease shall extend to, bind and Inure to the benefit of not only the Lessor and Lessee but also
their successors and assigns.
Lessee shall have the right to assign this lease to any corporation with which it may
have become merged, consolitlated, or otherwise associated, or to any corporation or holding
company having the controlling interest in the Lessee, or W any corporation which may be a
subsidiary of the Lessee. In no event however, shall the Lessee named herein be relieved from
any obligations under this Lease by virtue of any such assignment or subletting.
The Lessor hereby represents and warrants that It has taken all necessary procedural
and legal steps as required by federal, state, and local laws and regulations for the purposes of
authorizing the execution of this agreement and that execution of this agreement by the City of
10
02-146
Bangor City Manager renders this agreement a valid and binding document of the part of the
Lessor and Mat the same is fully enforceable in all of Its tents and conditions by the t.essee.
Lessee hereby represent and warrants that It has taken all necessary procedural and
legal steps as required by federal, state, and local laws and regulations, and all necessary
corporate action ro authDfte the execudon of this agreement by It undersigned corporate
officers and that upon such execution this agreement is a valid and bindng document of the
part of the Lessee and that the same is fully enforceable in all of it terms and conditions by the
Oty of Bangor.
ARTICLE XXIII— WA_
Failure on the part of the Lessor to complain of any action or nonaction on the part of
the Lessee no matter how long the same may continue, shall never be deemed to be a waiver
by the Lessor of any of LesmYs Hght hereunder. Fuller, it is covenanted and agreed that no
waiver at any time of any of the provisions hereof by Lessor, shall be construed as a waiver of
any other provisions hereunder, and Mat a waiver a any time of any of the provisions hereof
shall not be construed at any subsequent time as a waiver of the same provisions. The
approval of Lessor of any action by the Lessee requldng the Les s consent or approval shall
not be seemed to waive or render unnecessary the Lesso/s consent or approval of any
subsequent similar act by Me Lessee.
ARTICLE�NOIQCES
Notices to the Lessor provided for in this Lease shall be sufficient if sent by ragistered or
certified mall, return receipt requested, postage prepaid to:
Oty Manger
Qty of Bangor
City Hall -
]3 Harlow Street
Bangor, Maine 04981
With a Copy to Airport Director, Bangor Intemadonal Airport, 287 Godfrey Boulevard, Bangor,
Maine 04901.
Notices to Lessee are th be sent by registered or certified mail, return receipt requested,
postage prepaid, addressed to:
A. N. Oeringer, Inc.
188 Maine Avenue
Bangor, Maine 09901
Or to such other respective addresses as the partles may designate to each other in wining
from dme to time.
ARTICLE XXV — INVALIDITY OF FARTICOLAR FROVLSIONS
191
02-166
If any term or provisions fo this Lease or the application thereof to any person or
circumstances is hereafter determined to be W any extent invalid or unenforceable, the
remainder of this Lease or the application of such terms and provisions W persons or
circumstances other than those to which it is held invalid or unenforceable shall not be affected
thereby and such term and provision "Is Lease shall be valid and he enforceable M the
fullest extent permitted by law.
ARTICLE X%V I — CONMUCRON
The headings appearing in the Lease are intended for convenience and reference only,
and not W be considered In construing this Lease.
NO PARIfNEERSNXP OR JOINTV TED
Nothing contained herein shall be deemed or construed as creating the relationship of
principal and agent or of parthership or of joint venture between the parties, it being
understood and agreed that neither the method of computation of rent nor any other provision
contained herein not any acts of the parties shall be deemed to create any relationship betvreen
the parties other than the relationship of landlord and tenant.
ARTR:LE 30(VIII—GOVERNING LAW
This Lease shall be governed exclusively by the provisions hereof and by the laws of the
state of Maine, as the same may from Um to time edsL
ARTICLE Xmt AMENDMENT TO LEASE
This Lease contains all the terms and conditions between the parties hereto and no
alterations, amendments or additions hereto shall be valid unless in writing and signed by both
parties hereto.
M VUNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written above.
CITY OF BANGOR
Date:
ru.x 1--)
Vlmess
12
By: Aaez- lou
Edward A Barrett
Its City Manager
A N. D nWr
02-166
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